191 6 



Qass. 
Book. 




TM 



s 



/f/& 



COMPULSORY-SCHOOL 
ATTENDANCE 



STATE OF TEXAS 



W. F. DOUGHTY 

State Superintendent of Public Instruction 




BULLETIN 53 



JULY 1, 1916 



THE DEPARTMENT OF EDUCATION 

STATE OF TEXAS 



. ^rM^M.'DlQ' 



COMPULSORY SCHOOL 
ATTENDANCE 



STATE OF TEXAS 



W. F. DOUGHTY 

State Superintendent of Public Instruction 




"•■vaxieooo^' 



BULLETIN 53 



JULY 1, 1916 



THE DEPARTMENT OF EDUCATION 

^ STATE OF TEXAS 



AUSTIN, TEXAS 

VON BOECKMANN-.IONiJS CO., PRINTERS 
1916 



A240-616-20m 






DIRECTORY OF STATE SCHOOL OFFICERS 



THE STATE DEPARTMENT OF EDUCATION 
W. F. Doughty, State Superintendent of Public Instruction 



R. B. BiNNION, 

First Assistant Superintendent 

S. H. WhitleYj 

Assistant Siiperiniendent 

Julius F. McDonald, 

Supervisor of Public 
High Schools 

L. V. Stockaed, 

Supervisor of Public 
High Schools 

E. G. Geafton, 

Division of Rural Schools 

L. T. Cunningham, 

Rural School Supervisor 

L. L. PUGH^ 

Rural School Supervisor 



N. J. Clancy, 

Statistician 

Gkoveb Lewis, 
Auditor 

J. M. Bledsoe, 

Certificate Clerk 

Geokge J. Stephens, 

Mail and Supplies 

Grady Barrett, 

Stenographer 

W. L. Frame, 

Stenographer 

Dan Hightower, Jr., 

Stenographer 



STATE BOARD OF EXAMINERS 

C. A. Jay, Chairman 

W. S. Brandenberger, Secretary 

Walker King, College Examiner 

L. Z. TiMMONS 

L. E. Dudley 

STATE BOARD OF EDUCATION 

James E. Ferguson, Governor, Chairman 

John G. McKay, Secretary of State 

H. B. Terrell, Comptroller 

W. F. Doughty, State Superintendent and Secretary 

STATE TEXT-BOOK REVISION COMMITTEE 

F. M. Bralley, President College of Industrial Arts 

R. E. Vinson, President University of Texas 

W. F. Doughty, State Superintendent of Public Instruction 



D. of D. 
AUG 23'' 1916 



r 



AGEICULTURAL AND MECHANICAL COLLEGE 
College Station, Texas 
W. B. BizzELL, President Chas. E. Feilet, Registrar 

COLLEGE OF INDUSTRIAL ARTS 
Denton, Texas 
F. M. Bralley, President C. M. Pboctok, Registrar 

NORTH TEXAS STATE NORMAL COLLEGE 
Denton, Texas 
W. H. Bruce, President A. C. McGinnis, Registrar 

SAM HOUSTON NORINIAL INSTITUTE 
Huntsville, Texas 
H. F. Estill, President L. E. King, Secretary and Registrar 

SOUTHWEST TEXAS STATE NORMAL SCHOOL 

San Marcos, Texas 

C. E. Evans, President S. M. Sewell, Registrar and Secretary 

STATE JUVENILE TRAINING SCHOOL 
Gatesville, Texas 
Chables E. King, Superintendent John E. McDonald, Accountant 

STATE ORPHANS' HOME 
Corsicana, Texas 
W. F. Barnett, Superintendent. Aaron Ferguson, Secretary 

STATE SCHOOL FOR THE BLIND 

Austin, Texas 
E. E. Bramlette, Superintendent and Secretary 

TEXAS SCHOOL FOR THE DEAF 
Austin, Texas 
Gus F. Urbantke, Superintendent T. V. Abciier, Registrar 

TEXAS STATE TRAINING SCHOOL FOR GIRLS 

Gainesville, Texas 

Dr. Cabrie Weaver Smith, Superintendent 

UNIVERSITY OF TEXAS 
Austin, Texas 
Dr. R. E. Vinson, President E. J. Mathevps, Registrar 

WEST TEXAS STATE NORINL^L COLXEGE 
Canyon, Texas 
R. B. Cousins, President Travis Shav7, Secretary-Treasurer 

PRAIRIE VIEW STATE NORMAL AND INDUSTRIAL COLLEGE 

(For Colored Youth) 

Prairie View, Texas 

I. M. Terrell, President 



COMPULSORY SCHOOL ATTENDANCE LAW 

With Notes and Interpretations for Use of School Officers ~" 

Sec. 71a. Attendance Requirements and Provisions. — Every child 
in this State who is eight years and not more than fourteen years old 
shall be required to attend the public schools in the district of its resi- 
dence, or in some other district to which it may be transferred, as pro- 
vided by law, for a period of not less than sixty days for the scholastic 
year, beginning September 1, 1916, and for a period of not less than 
eighty days for the scholastic years (year) beginning September 1, 1917, 
and for the scholastic year 1918-19, and each scholastic year thereafter 
a minimum attendance of 100 days shall be required. 

In the administration of the compulsory school attendance law, the first 
day of September will be employed in determining the child's scholastic age. 
If the child was eight years old and not more than fourteen years of age on 
the first day of September, it will come within the requirements of the law 
and be required to attend school sixty consecutive days during the school year 
1916-17. Therefore, the age of the child on the first day of September is the 
school age of the child for the entire year. 

Sec. 71b. The period of compulsory school attendance at each school 
shall begin at the opening of the school term unless otherwise author- 
ized by the district school trustees and notice given by the trustees 
prior to the beginning of such school term; provided, that no child 
shall be required to attend school for a longer period than the maximum 
term of the public school in the district where such child resides. 

If the beginning of the compulsory school attendance period be changed 
from the opening of the school term, notice thereof -shall be posted on the 
schoolhouse door of the district, delivered to the county superintendent, handed 
to the superintendent, principal, or other official of private, denominational or 
parochial schools, and published in the local papers, if there be any, prior 
to the opening day of the regular school term. Failure to receive official 
notice will not absolve any school officer, instructor, or private tutor from the 
requirements of the law. It is highly desirable that the compulsory school 
attendance period be placed as near as practicable to the opening of "the reg- 
ular school term, and the county superintendent will find it easier to admin- 
ister the requirements of the law if he succeeds in getting school trustees to 
adopt as nearly as possible a uniform date for the beginning of the compul- 
sory attendance period. 

Sec. 73a. Exemptions. — The following classes of children are 
exempt from the requirements of this Act : 

(a) Any child in attendance upon a private or parochial school or 
who is being properly instructed by a private tutor. 

The attendance officer may, excuse any child from attendance upon the pub- 
lic free school who is in actual attendance upon a private or parochial school, 
or who is being properly instructed by a private tutor. Section 80 makes it 
the duty of the superintendent, principal or teacher of a private, denomina- 
tional or parochial school to furnish the county superintendent with a list of 
all children coming within the compulsory ages enrolled in the school pre- 



— fi— 

sided over by such superintendent, principal or teacher, together with the 
number of the district in which said child was enumerated in the public 
school census, or if not enumerated in the county of its residence, the dis- 
trict in which it resides at the time of its enrollment in school. 

Sec. 72b. Any child Avhose bodih^ or mental condition is such as 
to render attendance inadvisable, an'd who holds definite certificate of a 
reputable physician specifying this condition and covering the period 
of absence. 

In the administration of this provision of the law, the certificate of any 
physician licensed by the State of Texas to practice medicine may be accepted, 
except in cases of doubt, when the attendance officer may require the certifi- 
cate oif a specialist. All certificates must specify definitely the child's dis- 
ability. 

Sec. 72c. Any child who is blind, deaf, dumb or feeble-minded, for 
the instruction of whom no adequate provision has been made by the 
school district. 

The attendance officer shall have authority to excuse from school any child 
who is blind, deaf, dumb, or feeble-minded; provided, no adequate provision 
has been made by the school district for the instruction of such children. 
In cases of doubt, the attendance officer may require a certificate from a 
licensed physician or specialist. 

Sec. 72d. Any child living more than two and one-half miles by 
direct and traveled road from the nearest public school supported for 
childi'en of the same race and color of such child, and with no free 
transportation provided. 

The fact that a child resides more than 2§ miles from the school of the 
district in which it lives but resides less than 2J miles from a public school 
in an adjoining district shall not operate to require the child's attendance 
upon any school except it be transferred to the school located not more than 
2i miles from the child's home. The fact that a child is transferred to a 
school in another district more than 2^ miles from its residence will not 
operate to excuse it from compulsory school attendance if it lives within 2J 
miles of the school in the district of its residence. 

Sec. 72e. Any child more than twelve years of age who has satis- 
factorily completed the work of the fourth grade of a standard ele- 
mentary school of seven grades, and whose services are needed in sup- 
port of a parent or other person standing in parental relation to the 
child, may, on presentation of proper evidence to the county super- 
intendent of public instruction, be exempted from further attendance 
at school. 

A simple request on the part of the parent or guardian, or a verbal excuse 
on the part of the county superintendent, will not suffice to answer this re- 
quirement of the law. The person desiring exemption shall direct his appli- 
cation to the county superintendent, using the form prescribed by the State 
Department of Education, and setting forth the reason why the request for ex- 
emption from further -attendance at school be granted. If granted, the county 
superintendent will issue to the petitioner a certificate of exemption, which 
certificate shall be subject to revocation at any time by the authority issuing 
it if it be found that the statement in the petition were incorrect or false, 
or if the child be found spending his time in idleness. Before giving any 



certificate of exemption to any cliild under tliis provision of tke law, tlie 
county superintendent will thoroughly investigate any such case and deter- 
mine to his satisfaction that the services of such child are actually needed 
in support of a, parent or other person standing in parental relation to said 
child. If the census records of the county do not disclose the age of the 
child, the county superintendent may require an affidavit from the parent to 
the effect that the child is more than 12 years old. In determining whether 
or not the child has completed the work of the fourth grade, the county 
superintendent will ordinarily be governed by the records of the school where 
the child may have completed the grades. Promotions will be determined by 
the local teacher under the direction of the county superintendent and the 
rules and regulations prescribed by the county school trustees. The, county 
superintendent shall make note op each such application his disposition of the 
case, and carefully file such petition as a part of the records of his office to 
be preserved for at least one year. 

Sec. 73. Free Texthoohs. — If any parent, guardian or custodian of 
any child or children who are not exempt from attendance by some of 
the foregoing provisions of. this bill shall make satisfactory proof to 
the board of trustees that they are financially unable to furnish such 
child or children with the necessary books with which to attend school, 
the county superintendent of public instruction of the county where 
such parent, guardian or custodian resides, shall furnish, upon the 
recommendation of the district trustees, textbooks for such purposes to 
such child or children, which books shall be furnished and paid for 
upon the certificate of such officers by the board of county commis- 
sioners of the county in which such child or children reside, and which 
said payment for books shall be made out of the general fund of the 
county. 

Any parent or guardian desiring to receive free text-books under this pro- 
vision of the law shall make application on the form prescribed by the State De- 
partment of Education to the president of the board of school trustees of 
the district of his residence, stating that he is financially unable to furnisli 
such child or children with the necessary books with which to attend school, 
and naming the text-books desired and giving the number in each case. Any 
child of compulsory school attendance age who has no parent or legal guardian 
may make the request for himself. All applications for free text-books ap- 
proved by the district trustees shall be referred to the county superintendent 
of public instruction, who shall purchase the text-books thus approved and 
deliver them to the rightful person or persons. The certificate of recommen- 
dation for free text-books issued by the district trustees shall be presented 
by the county superintendent to the county commissioners' court for payment 
out of the general fund of the county. All such recommendations for free 
text-books shall bear the certificate of the county superintendent to the effect 
that such books were bought and delivered to the children as named in tlm 
recommendations. 

Sec. 74. Excuses for Absences. — Any child not exempted from the 
provisions of this Act may be excused for temporary absence due to 
personal sickness, sickness or death in the family, quarantine, severe 
storm which has destroyed bridges and made the regular means of 
travel dangerous, oi for unusual causes acceptable to the teacher, prin- 
cipal or superintendent of the school in which said child is enrolled; 
provided that the excuses are in writing and signed by the parent or 
guardian of said child; but any case so excused may be investigated 



by the authorities discharging the duties of attendance officer for the 
school from which said child is so excused. 

The temporary absence of any child may be excused by the teacher, prin- 
cipal, or superintendent of the school upon the written request of the parent 
or guardian properly signed in his or her own handwriting, and setting forth 
one or more of the reasons specified in this provision. In "each instance, the 
teacher shall write on the application the word "Approved" or "Rejected," 
as the case may be, together with the date of this action, and sign thereon 
his or her name. All such applications approved shall be carefully preserved 
and delivered during the day to the head teacher or principal of the school, 
if there be more than one teacher in the school, who shall have authority to 
investigate promptly such applications for excuse if deemed advisable. Any 
application for excuse rejected by the teacher shall be reported immediately 
by her to the head teacher or principal of the school, if there be more than 
one teacher in the school, whose duty it shall be to investigate the merits of 
such application, and if the teacher is sustained in her action rejecting said 
application for excuse, then it shall be the duty of the head teacher or prin- 
cipal to report the matter to the superintendent of the school without delay, 
who shall in turn have authority to investigate the merits of the case. If 
the superintendent sustains the action of the teacher and principal in reject- 
ing the application for excuse, it shall be his duty to report the matter im- 
mediately to the attendance officer for attention. Rural teachers not in daily 
touch with the county superintendent will comply with this requirement of 
the law by placing in the United States mail any application for excuse re- 
jected by them on the day of its rejection. 

Sec. 75. Employment Prohibited. — No child under fourteen years 
of age not lawfully excused from attendance upon school shall be em- 
ployed by any one during the school hours in any occupation during the 
period which the child is required to be in school, as provided by this 
Act. Any person, firm or corporation found guilty of employing any 
child or any person inducing any child to remain out of school who is 
subject to the provisions of this Act shall be fined not to exceed ten 
dollars for each otfense, and each day that said child is employed after 
due notice given by any school official that said child cannot be legally 
employed shall constitute a separate offense. 

Under the provisions of this act, the attendance officer shall have authority 
to enter any place of business for the purpose of ascertaining whether or not 
the employer is using any child under 14 years of age not lawfully excused 
from attendance upon school. Any person employing a child excused from 
attendance upon school by the attendance officer shall keep on file at his 
place of business the certificate of exemption of such child so employed. If 
on investigation the attendance officer finds any person, firm or corporation 
employing auy child coming within the provisions of this act and not law- 
fully excused from attendance upon school, he shall proceed to file complaint 
against such person, firm, or corporation, as the case may be, in the justice 
court, and urge prosecution of the case to its completion. In cases of doubt 
when the child's age cannot be verified by the census trustee's records, the 
attendance officer mav require an affidavit of the parent as to the age of his 
child. 

Sec. 76. County Attendance Officer. — The county school trustees of 
any county having -a scholastic population of more than three thousand 
may elect a school attendance officer for said county upon petition of 
at least fifty resident freeholders of said county setting forth reasons 
good and valid in the judgment of the county school trustees why said 



— 9— 

conntv shall have an attendance officer; provided, that a public hear- 
ing shall be had on said petition after due notice of such hearing shall 
have been given by publishing said notice iij a newspaper published at 
the county seat for three consecutive weeks, if there be such a news- 
paper, and if there be no such newspaper, then by posting written or 
printed notices in at least three public places within the -county, one of 
which notices shall be posted at the courthouse door of said county, 
and if, after said hearing of said county board of trustees, in their 
judgment said county board of trustees believe that a school attendance 
officer is necessary to the proper enforcement of the provisions of this 
Act, and that the schools of said county will be benefited by having said 
attendance officer, the said board may elect such officer as herein pro- 
vided. 

Any county having a scholastic population of more than 3,000 children 
should by all means have a school attendance officei- for said county. Such 
officer can render the county superintendent invaluable assistance in the suc- 
cessful administration of the compulsory school attendance law, and in addi- 
tion thereto the attendance officer can help the county superintendent in pre- 
paring, delivering, collecting, and revising lists as required in Section 80. The 
attendance officer should be assigned to the county superintendent by the 
county school trustees and be required to co-operate fully with the superin- 
tendent in the discharge of his duty. No person should be employed as at- 
tendance ofK'cer except he be vigorous and trustworthy. The duties of attend- 
ance officer will subject the person acting in this capacity to the inclemency 
of the weather and force upon him many arduous duties that cannot be per- 
formed by decrepits and cripples. 

Sec. 77. District Attendance Officer. — The board of trustees of any 
independent district having a scholastic population of more than two 
thousand may, after being petitioned and having hearing on said peti- 
tion, as provided in this section for election of county attendance officer, 
elect an attendance officer for said independent district, if. in the judg- 
ment of said board of trustees, said attendance officer is necessary to 
the proper enforcement of the provisions of this Act. 

The board of trustees of an independent district having a population of 
more than 2,000 should not hesitate to employ aar attendance offi'cer and assign 
him to the city superintendent for the purpose of helping to execute the re- 
quirements of the compulsory school attendance law within the city. Such 
attendance officer should be required to co-operate closely with the county 
attendance officer. He should be a strong and vigorous man, thoroughly re- 
liable and industrious. 

Sec. 78. Salary of Attendance Officers. — Any attendance officer that 
may be elected by the county school trustees of any county, or by the 
board of school trustees of any independent school district, may have 
his salary paid fromx the available school funds belonging to said county 
or district, not exceeding two dollars per day for the time actually 
employed in discharging his duty as such attendance officer; and in 
any »county or independent district where such attendance officer is not 
elected as provided for in this section, the duties of said attendance 
officer shall devolve upon the school superintendents and peace officers 
of such county or district who shall perform the duties of such attend- 



—10— 

ance officer without additional pay. Counties or independent school 
districts which may avail themselves of the option to elect school at- 
tendance officers may elect the probation officer or some officer or officers 
of the juvenile court of said county to serve as such attendance officer 
for said countv or for said independent district or independent districts 
located in said county. 

This section of the law fixes the salary of all attendance officers at $2.00 
per day for the time actually employed. It is especially desirable that an 
attendance officer be employed for all of his time. At the rate of $2.00 per 
day, this would give him a maximum salary of $48 per school month of four 
weeks. In independent districts, the attendance officer should be listed by the 
superintendent in his monthly payroll as one of the regular employees of the 
board of trustees, and his salary paid in the usual manner out of the avail- 
able school funds belonging to the district. The salary of the county at- 
tendance offi'cer shall be paid monthly on order of the county school trustees 
by warrant signed by the county superintendent. In setting aside the funds 
for the payment of the salary of the county attendance officer, the county 
school trustees should apportion the amount of such salary to the common 
and independent districts of the county according to scholastic population, ex- 
empting, however, those independent districts employing separate attendance 
officers. Counties or independent school districts choosing to elect the proba- 
tion officer or some officer or officers of the juvenile court as attendance officer 
are authorized to adjust the salary paid such officer as in their judgment is 
right and proper. 

Where no attendance officer is elected as provided under Sections 76 and 77, 
the duties of said attendance officer shall devolve upon the school superintendent 
and peace officers. It should be specifically noted that any independent dis- 
trict eligible to elect an attendance officer but failing to do so, the duty of 
attendance officer in such district having more than 2,000 scholastics devolves 
upon the city school superintendent and the peace officers of the independent 
district. In such instance, the city superintendent Avould be the chief at- 
tendance offi'cer of the district and would be privileged to call upon the peace 
officers of the district for such assistance as he deemed necessary in the en- 
forcement of school attendance. In counties having no independent districti' 
with more than 2,000 scholastics, the county attendance officer will act for the 
entire county, and is by law entitled to hearty co-operation of the peace offi- 
cers and the entire teaching force of the county. In independent districts 
voting and collecting a local maintenance tax, there is no inhibition of law 
which will prevent sucli districts from employing such assistance as may be 
deemed necessary by the board in carrying out the provisions of this Act. 

Sec. 79. Powers and Duties of Attendance Officer, — The person or 
persons performing the, duties of attendance officer or officers for any 
countjr or district sh.all have power to investigate all cases of unexcused 
absences from school, to make and file in the proper court complaint in 
due form against any person or persons violating the provisions of this 
Act, to administer oaths and to serve legal process, to enforce the pro- 
visions of this Act, to keep records of all cases of any kind investigated 
by him in the discharge of his duties, and to make reports of his work 
as the State Superintendent may require, providing that nothing in 
this Act shall be construed to authorize any attendance officer to invade 
or enter without permission of the owner or tenant thereof, or. the 
head of any family residing therein, any private home, or private resi- 
dence, or any room Or apartment thereof, except to serve lawful process 
upon any parent, guardian or other person standing in parental rela- 
tion to any child affected by this Act, or to forcibly take corporal cus- 



—11— 

tody of an}'- child anywhere without the permission of the parent or 
guardian thereof, or other person standing in parental relation to such 
child, except in obedience to valid process issued by a court of com- 
petent jurisdiction, and provided 'that otherwise than as hereinbefore 
provided, such attendance officer shall have the power to enforce the 
provisions of this Act. 

Under this provision of the law, a person acting as attendance officer shall 
be vested with the following powers: 

1. To investigate all cases of unexcused absence from school. 

2. To make and file complaint against any person or persons violating any 
provision of this Act. 

3. To administer oaths and to serve legal processes. 

4. To keep records of all cases of any kind investigated by him in the dis- 
charge of his duties. 

5. To make reports of his work as the State Superintendent may require. 

6. To enforce the provisions of this Act in a fair and impartial manner. 
To file complaint in due form in misdemeanor cases as contemplated by 

•Section 79 requires that the attendance ofiicer use the form prescribed by the 
court. 

The attendance officer must provide himself with a well bound record in 
which to write the history of each case investigated by him. All records shall 
state the character of the case, the findings in each instance, and the final dis- 
position of the case. Each attendance officer or other person discharging the 
duties of attendance offi'cer will be required to make reports of his work in 
administering the compulsory school attendance law to the State Superintend- 
ent of Public Instruction, and a careful record will greatly assist him in the 
discharge of this duty. 

Sec. 80a. Duties of Scliool Superintendents. — It shall be the duty 
of the county superintendent of public instruction to furnish to the 
superintendent of schools of each school district in the county, and to 
the principal of the school in case there be no superintendent, a com- 
plete list of all children of scholastic age belonging in said district, as 
shown by the last scholastic census and the record of transfers to and 
from said district. 

From the census rolls of the county and the transfer records of his office, 
the county superintendent will furnish the superintendent, principal or teacher 
of each public school under his supervision a list of all children of scholastic 
age belonging in the district, in each instance using the form prescribed for 
this purpose by the State Department of Education. The roll of scholastics 
belonging to any school shall be delivered to the teacher of the school with 
other records necessary in the conduct of her school in advance of the open- 
ing day oif school. 

Sec. 80b. The superintendents and principals of the various schools 
of said county shall, within five days from the date that the provisions 
of the compulsory attendance Act applies to said school, report to said 
county superintendent the names of all children subject to the provisions 
of this Act who have not enrolled in said school, and it shall be the duty 
of the superintendent, principal or other official of private, denomi- 
national or parochial schools to furnish to said county superintendent 
a list of all children of scholastic age enrolled in the school presided 
over by said official and the district in which said child was enumerated 
in the public school census. 

Not later than the fifth day from the beginning of the compulsory attend- 



—12— 

ance period in any school, the superintendent, principal, or teacher of any- 
public school shall report to the county superintendent the names of all chil- 
dren subject to school attendance under this Act who have not enrolled in 
public school as shown by the teacher's register in comparison with the county 
superintendent's roll of scholastics and transfers furnished said superintend- 
ent, principal, or head teacher. Likewise it shall be the duty of any private 
tutor, the superintendent, principal, or other official of private, denominational, 
or parochial schools to furnish to the county superintendent not later than 
the fifth day fi'om the beginning of the compulsory attendance period a list 
of all children of scholastic age enrolled under their supervision and instruc- 
tion. The county superintendent shall carefully recheck all such lists promptly 
and furnish to the attendance officer a definite list of all children subject to 
compulsory school attendance who are not complying with the law, and it will 
be the duty of such attendance officer immediately to direct the parents or 
guardians of all such children to enter them in school without further delay 
and from day to day pursue the steps prescribed by law to compel such chil- 
dren to attend school regularly. 

Sec. 80c. Prom the reports received from the superintendents and 
principals of the public schools and from the officials of the private,, 
denominational and parochial schools, the county superintendent shall 
make up a complete list of all children within scholastic age enrolled 
in the rarious districts of said county who have not enrolled in some 
school and are complying with the compulsory attendance x4ct, and said 
list shall be furnished to the authorities to whom has been delegated 
the power to enforce the provisions hereof for said county or district, 
which authorities shall proceed to carry out their respective duties as 
prescribed in Section 6 of this Act (Section 79). 

This provision of the law is very clear and needs no interpretation. It i* 
very essential, however, that this . provision of the law be complied with 
promptly by the county superintendent if he expects to administer compulsory 
school attendance successfully. 

Sec. 80d. It shall be the duty of any teacher giving instruction to 
any child within compulsory attendance age to report promptly to the 
attendance officer or other person acting in his stead as herein provided, 
any unoxcused absences, for his action. 

The administration of this provision of the law is similar to that prescribed in 
Section 74 of this Act. It is intended primarily to require co-operation of pri- 
vate tutors, superintendents, principals, or other officials of private, denomina-. 
tional or parochial schools in reporting promptly to the attendance officer un- 
excused absences during the compulsory attendance period. In order to enforce 
compulsory school attendance uniformly and satisfactorily, it will be neces- 
sary for all teachers, both private and public, to report promptly to the at- 
tendance officer all unexcused absences, and the method of reporting should 
be in accordance with the directions given in note under Section 74. 

Parents should be encouraged to report immediately the absence of their 
children from school, and give the reason therefor. Such action on their part 
would not only be regarded as a friendly attitude toward the school, but it 
would save time for the attendance officer and would serve to cultivate in the 
minds of the children a respect for the law. Any teacher failing to comply 
strictly with the provisions of this law would be subject to dismissal by the 
board of trustees, and would give suffi'cient cause for the cancellation of her 
certificate. This provision of the law' makes it obligatory upon all private 
tutors, and . all teachers in public, private, and parochial schools to report 
promptly any unexcused absence to the attendance officer. 

Sec. SOe. All notices, forms and blanks to be used by any of the 



—13— 

superintendents, principals or officials of any school shall be prescribed 
by the State Superintendent of Public Instruction. 

The State Superintendent has prepared and printed a limited supply of the 
necessary forms and blanks to be used in the administration of the compul- 
sory school attendance law. Insufficient funds will, no doubt, make it im- 
possible for the State Department of Education to furnish all the blanks and 
forms needed in the administration of compulsory school attendance. It may 
be necessary, therefore, for school boards and county superintendents to have 
printed an additional supply for their use. 

Sec. 81a. Parental Delinquency, Penalties, and Truancy. — If any 
parent or person standing in parental relation to a child within the 
compulsory school attendance ages who is not properly excused from 
attendance upon school for some one or more of the exemptions pro- 
vided in Section 2 of this Act fails to require such child to attend school 
regularly for such period as is required in Section 1 hereof, it shall be 
the duty of the attendance officer who has jurisdiction in the territory 
where said parent or person standing in parental relation resides, to 
warn such parent or person standing in parental relation, that the pro- 
visions of this Act must be immediately complied with, and upon failure 
of said parent or persons standing in parental relation to immediately 
comply with the provisions of this Act after such warning has been 
given,' the official discharging the duties of the attendance officer shall 
forthwith file com.plaint against such parent or person standing in 
parental relation to said child, which complaint shall be filed in the 
county court, or in the justice court in the precinct where such parent 
or guardian resides, and shall diligently prosecute same to its conclusion. 

Upon receipt of the names of any child subject to compulsory school at- 
tendance as provided in Section 80b, or upon notice from the teacher as pro- 
vided in Section 80d, the attendance officer shall proceed immediately to warn 
such parent or person standing in parental relation to the child of his or her 
failure to comply with the provisions of the compulsory school attendance 
law, and direct such parent or person to comply with the requirements of the 
law without further delay. In administering warnings, the attendance officer 
shall use the form prescribed by the State Department of Education, and shall 
make record in each instance when he has discharged his duty. The fact that 
a warning has been administered does not absolve the duty of the attendance 
officer in this respect. Each day that the parent fails to comply with the 
directions of the attendance officer is to be regarded as a separate offense, 
and it will, therefore, be the duty of the attendance officer to continue in the 
dischai-ge of his duty as provided by law until he has succeeded in compell- 
ing the parent to send his child or. children to school regularly. If any 
parent or person thus warned shall fail to Comply immediately with the 
attendance requirements of this Act after such warning has been given, the 
attendance offi'cer shall forthwith make and file complaint against such parent 
or person in the county court or in the justice court in the precinct where 
such parent or person resides, and the attendance officer shall diligently prose- 
cute the case to its conclusion. This provision of the law does not contem- 
plate that the attendance officer shall usurp the functions of the County At- 
torney in the prosecutions of misdemeanor cases in the administration of the 
compulsory school attendance law, but does lay upon the attendance officer the 
duty of discharging diligently his particular duties in the prosecution of such 
cases; and, too, it requires him to render such assistance as will help the 
County Attorney and court in bringing the case to satisfactory conclusion. 

Sec. 81b. Any parent or other person standing in parental relation 



—14— 

upon conviction for failure to comply with the provisions of this Act . 
shall be deemed guilty of a misdemeanor, and shall be fined for the 
first offense five dollars, and for the second offense ten dollars, and for 
each subsequent offense twenty-five dollars. Each day that said child 
remains out of school after said warning has been given or after said 
child has been ordered in school by the juvenile court, m.ay constitute 
a separate offense; provided, however, that if any parent or jjerson 
standing in parental relation to any child within the compulsory school 
attendance ages shall present proofs that he or she is unable to compel 
such child to attend school, said person in parental relation shall be 
exempt from the above penalties as regards the non-attendance of such 
child, and such child may be proceeded against as an habitual truant 
and be subject to commitment to the State Juvenile Training School 
or any other suitable school agreed upon between the parent or the 
guardian of said child and the judge of the juvenile court. 

Any parent or person convicted under the foregoing section shall be deemed 
guilty of a misdemeanor, and shall be fined as follows: 

For the first offense $ 5.00 

For the second offense 10.00 

For each subsequent offense 25.00 

It should be noted here that each day after said warning has been given 
or after said child has been ordered in school by the juvenile court constitutes 
a separate offense, except that the parent or person standing in parental rela- 
tion presents proof that he or she is unable to compel such child to attend 
school. If the parent or person standing in parental relation to any child 
succeed in establishing proof to the satisfaction of the judge of the juvenile 
court that he or she is unable to compel such child to attend school regu- 
larly, then said child may be proceedecl against as an habitual truant, and 
be subject to commitment to the State Juvenile Training School if a boy, 
or to the Texas State Training School for Girls if a girl, or to any other 
suitable school agreed upon by the parent of tlie child and the judge of the 
court. In those instances where the parent fails to agree with the judge upon 
what shall be a training school for the child, -the judge of the juvenile court 
shall have the deciding voice. 

Sec. 81c. All fines collected under the provisions of this Act shall 
be paid into the available school fund of the common school district or 
of the independent school district in which the person fined resides, 
as the case may be. 

All fines collected under this provision and paid into the available school 
fund may be used in • the payment of salaries of teachers, superintendent, 
census trustee and attendance officer. 

Sec. 82. Incorrigibility and Suspension. — Any child within the com- 
pulsory school attendance ages who shall be insubordinate, disorderly, 
vicious or immoral in conduct, or who persistently violates the reason- 
able rules and regulations of the school which he attends, or who other- 
wise persistently misbehaves therein so as to render himself an incor- 
rigible, shall be reported to the person exercising the duties of attend- 
ance officer of said 'school, who shall proceed against such child in the 
juvenile court as herein provided. If such child is found guilty upon 
a charge or charges made against him in said court, the judge of said 
court shall have the power to parole said child, after requiring the 



—15— 

parent or other jDerson standing in parental relation to execute a bond 
in the sum of not less -than ten dollars, conditioned that said child 
shall attend school regularly and comply with all the rules and regu- 
lations of said school. If the superintendent or principal of any school 
shall report to the school attendance officer acting for said school that 
said child has violated the conditions of his parole, said attendance 
officer shall proceed against such child before the judge of the juvenile 
court, as in the first case herein mentioned, and if said child shall be 
found guilty of violating the conditions of said parole, the bond pro- 
vided for herein shall forthwith be declared forfeited, and shall be col- 
lected in the same manner as other forfeited bonds under the general 
laws of this State, and the proceeds of same paid into the available- 
school fund of the common school district or the independent school 
district, as the case may be; and the judge of said court shall have the 
power in his discretion, after a fair and impartial hearing given to said 
child, to parole said child again, requiring such bond as he may deem 
prudent, and require said child to again enter school. If said child 
shall violate the conditions of the second parole and shall be convicted 
of same, he shall be committed to a suitable training school as may be 
agreed upon by the parent of the child and the judge of the juvenile 
court in which the child is convicted. 

Any child Avho shall render himself an incorrigible under this provision, 
and be suspended from school by the teacher, shall be reported at once by 
his teacher to the attendance officer of said school, which officer shall imme- 
diately file charges against such child in .the juvenile court and shall prose- 
cute the case to its completion. In disposing of the case, the judge of the 
court shall have power to parole said child after requiring the parent or 
guardian to execute a good and sufficient bond in a sum of not less than 
$10 to the effect that said child shall attend school regularly and comply 
with all the rules and regulations of said school. If the superiirtendent, 
principal, or teacher report to the attendance officer that the child has vio- 
lated the conditions of his parole, the bond for the child required in the 
first instance shall be declared forfeited, and shall be collected and paid into 
the available school fund of ithe district in which the child resides, except the 
judge of the juvenile court shall decide to parole said child again, requiring 
such bond in excess of the amount specified in the first instance as he may 
deem prudent, and requiring said child to re-enter school a second time. No 
child shall be paroled more than twice during any school year, and upon vio- 
lation and conviction of a second parole, it shall be the duty of the judge 
of the juvenile court to commit the child to a suitable training school as 
may be agreed upon with the parent of the child. As stated in note under 
Section 81b, the judge of the juvenile court shall have the deciding voice in 
case the parent of the child and he are unable to agree upon a suitable train- 
ing school. Under this provision of the law there can be no such thing as 
expulsion of a child of compulsory school attendance age. The teacher may 
suspend a pupil during the compulsory school attendance period, provided, as 
stated above, she reports the matter immediately to the attendance officer. Tlie 
law says that the child of compulsory school age must go to school. If he 
will not conduct himself in accordance with the rules and regulations of the 
school as approved by the board of trustees, the judge of the juvenile court 
shall commit him to some suitable training school. The law does not provide 
that the local school board shall defray any part of the expenses of said child 
when committed to a suitable training school or to the State Juvenile Train- 
ing School. Pupils under the instruction of a private tutor or in attendance 
upon a private, parochial or denominational school shall be proceeded against 
for incorrigibility, truancy and suspension as if they were in attendance upon 
the public free schools. 



-16- 



SOME SIDELIGHTS ON THE LAW 

THE NEED OF COMPULSOEY SCHOOL ATTENDANCE IN TEXAS 

According to the United States Census of 1910, tliere were in Texas 
at that time 882,940 people ten years of age and above unable to read 
and white, 157,886 of whom were white people. Statistics of 1913-1914 
compiled at the Texas State Department of Education based on enu- 
meration reports of census trustees give a total of 1,433,476 children 
of scholastic age 7 to 21 years. The same records also show that only 
870,000 of these children enrolled in the public schools last year. By 
allowing 30,000 as a very liberal number for those who graduated 
within scholastic age and for those who attended private and parochial 
schools, we find that there were 563,476 children of scholastic age who 
had not completed the work of the public school, and who did not enter 
any public school during the 3^ear. 

A further study of the Department records indicates that only 56 
out of every 100 children who did enroll in the public schools for the 
year 1913-1914 attended school daily. The same fact may be stated 
in other words by saying that of every 100 children enrolled in the 
public schools during the year 1913-1914, 44 of them were absent from 
school daily. 

For more than a generation the negro has been our chief scapegoat 
for backwardness in the educational statistics of the South, but no 
longer can this old excuse do satisfactory service in the face of the 
facts. The Department records herein mentioned show that there were 
in Texas for the year 1913-1914, 256,346 negro children of scholastic 
age 7 to 21. During the year under consideration, 162,000 of these 
negro children enrolled in the public schools of the State, and their 
atteudance record was 57 per cent as compared Avith 66 per cent for 
the white children of the State. The United States census report for 
1910 shows that negro illiteracy decreased during the decade 1900-1910 
by 42,520 persons ten years of age and older, while the same report 
shows that illiteracy among the whites' increased by 11,299 persons more 
than ten years old. Allowing for the general increase of population, the 
percentages for the two races are a hit more encouraging, for the same 
report shows that in percentage illiteracy decreased in Texas during 
the decade 1900-1910 from 14.5 per cent to 9.9 per cent, the decrease 
among negroes being 13.6 per cent as against 1.8 per cent for white 
people. 

In view of the facts a? stated above, there is great need of compulsory 
school attendance in Texas. For a long time, now, Texas has held an 
unenviable position among her more progressive sister States of the 
LTnion because of the fact that heretofore there has been no law com- 
pelling her children to attend school in this State. As regards nat- 
ural resources, Texas is without question one of the greatest States in 
the nation. Her fertile fields, her big forests, her rich mines, her 



—17— 

wonderful climate;, and her favorable location with reference to the 
markets of the world make it beyond the intellect of man to estimate 
just how prosperous and how powerful the people of Texas can be in 
the years to come if they seize upon present day opportunities to edu- 
cate their children and make ready for the duties and responsibilities 
that are to rest upon them. Education of the right kind has most to 
do with the development and growth of any State, and on account of 
the great resources and opportunities of this State, we have great need 
of a most efficient system of schools for the proper education of all the 
children of all the people. 

In this day of progress and development, when the benefits of edu- 
cation are so apparent, it seems idle to argue either for or against 
education as a powerful means for the promotion of the general welfare 
■of the people. In order that our nation may be properly protected 
against the invading armies of foreign countries, preparedness for war 
purposes is the foremost topic of discussion in governmental circles at 
the present time; no less important is that of intellectual, social, and 
moral preparedness as a bulwark of protection for our present day 
civilization against ignorance and superstition. Let him who proclaims 
himself a good citizen not forget that ignorance is the everlasting 
■enemy of freedom. It was Thomas Jefferson who said: "If a nation 
■expects to be ignorant and free, in a state of civilization, it expects 
what never was and never will be." It is well here to pause long enough 
to read from the Texas Declaration of Independence the following in- 
spiring sentiment: "It is an axiom in political science that unless a 
people are educated and enlightened, it is idle to expect the continuance 
of civil liberty or the capacity for self-government." All faint-hearted 
Southerners who doubt the Avisdom of universal education should not 
forget the words of General Eobert E. Lee, which were spoken at the 
close of the Civil War in the midst of reconstruction, when he faced the 
tremendous problem of helping to build a new South out of th^ ruined 
Confederacy: "Education of all classes of people is the best means 
of promoting the prosperity of the South." 

PUBLIC SENTIMENT 

The importance of public sentiment should never be overlooked in a 
■democracy. Henry Ward Beecher said: "Private opinion is weak, but 
public opinion is almost omnipotent. A single snow-flake — who cares 
for that? But a Avhole day of snow-flakes, drifting over everything, 
obliterating landmarks, and gathering on the mountains to crash in 
avalanches — who does not care for that?" It is also interesting to note 
the words of Washington in this connection: "In a free government 
you can not restrain the voice of the multitude. Every man will speak 
as he thinks, or, more properly, Avithout thinking, and consequently will 
judge of effects without attending to their causes." 

The fact that public sentiment will count for so much in the admin- 
istration of the compulsory school attendance law in Texas should im- 
press the advocates of the new law with the necessity of giving correct 



—18— 

and helpful information to the masses who are to receive the benefits 
of this great democratic measure. The friends of the measure should 
defend the law from the attacks made upon it by its critics who say 
that it is not a good law, that its exemptions are too liberal, that it 
will not meet the needs of the people of Texas, or that it is too severe 
in its requirements. The law is a most creditable one, and it will 
serve the best interests of the people of Texas to begin with if prop- 
erly administered. In order that it may be properly administered, all 
interested persons should study its provisions thoroughly and help to 
enforce the requirements of the law uniformly and without prejudice. 
Steele's encouraging words are here quoted for the benefit of those who 
are Avilling to serve in this great movement for the public good. He 
says: "Zeal for the public good is the characteristic of a man of honor 
and a gentleman, and must take the place of pleasures, profits, and all 
other private gratifications." 

INCREASED FACILITIES OF INSTRUCTION NECESSARY 

Some requests have reached the State Department of Education ask- 
ing that the State Superintendent of Public Instruction make a con- 
servative estimate of the increased facilities needed in the proper ad- 
ministration of the compulsory school attendance law. After giving 
this matter very careful study, the conclusion has been reached that 
no accurate and helpful estimate can be given for the reason that con- 
ditions vary so much in the different sections and districts of the State. 
Without question, increased facilities of instruction will be necessary 
in practically all school districts of the State, and school officials should 
not neglect to make adequate preparation for the opening of school 
next fall. 

For the State as a whole, more schoolhouses will be needed, larger 
school grounds should be provided, more school desks will have to be 
purchased, and more teachers should be employed, in many instances 
free textbooks must be secured for needy children, and in practically 
all districts more money will be needed, all of which will be big prob- 
lems for school officials to handle successfully. 

The State Superintendent of Public Instruction believes that inas- 
much as all estimates must be individual for the numerous districts of 
the State, the board of trustees, together with the superintendent, can 
make in each instance a fairly accurate estimate of the increased facili- 
ties of instruction needed for the proper handling of the increased 
enrollment due to the compulsory school attendance law. By referring 
to the records of the school, it is an easy matter to determine the 
scholastic enumeration, to which should be added the transfers to the 
district in making the estimate. Under the compulsory school attend- 
ance law, preparation should be made for the handling of practically 
the entire scholastic population belonging to the school. In other 
States, after allowing for exemptions under the law, the enrollment 
usuallv runs about 95 to 97 per cent of the census enumeration. There- 
fore, bv careful business procedure, it will be possible for any pro- 



—19— 

gressive board to meet the increa&ecl demands occasioned by compulsory 
school attendance, provided, of course, that it has funds sufficient to 
cover the cost of preparation. 

It is strongly recommended that school boards in all independent 
and common school districts of the State hold a business meeting as 
early as practicable, and prior to September 1, for the purpose of care- 
fully considering ways and means for the successful administration of 
the compulsory school attendance law in the schools under their man- 
agement and control. The county superintendent should devote to com- 
pulsory school attendance a good portion of the program of the August 
meeting of the district trustees, which the county school trustees are 
authorized to hold at the county seat in accordance with Section 161 
of the Public School Laws, 1915. The State Department of Education 
will do everything reasonable within its power to help put compulsory 
school attendance into successful operation throughout the State, but, 
as a matter of fact, the principal responsibility rests with local school 
authorities, who must study this great problem of school attendance in 
aavance and decide for themselves by what means and by what methods 
the law will be successfully administered. 

MORE MONEY NEEDED 

One of the greatest needs of public education in Texas is more money 
for the support of the schools. In education as elsewhere in the admin- 
istration of public affairs, the financial problem is most difficult of 
solution. Money is always needed where good schools are maintained, 
for it is impossible to run them without adequate funds. Every ad- 
vanced step in education calls for an increased outlay of public funds. 
ISTew tjTpes of education and greater efficiency can be had only by in- 
creased expenditures. The lengthening of the school term in the poorer 
districts, the provisions for compulsory school attendance and expert 
school supervision will make increased financial demands upon the State 
as a whole. All interested persons will naturally ask the question. 
From what source will the necessary funds come ? 

THE SOURCES OF REVENUE 

As matters now stand, there are three principal sources of revenue 
for public education: The State, the County, and the District. From 
the State the schools receive an annual appropriation of approximately 
$7.00 per capita. From raost of the counties the schools receive a 
small per capita ranging from a few cents to a dollar or more in some 
counties. In nearly all progressive school districts, a local tax ranging 
from a few cents to fifty cents on the one hundred dollars valuation is 
now levied and collected for the maintenance of the public schools. 
The general reports from school officials to the State Department of 
Education indicate that in very few instances the revenues are ade- 
quate to the needs of the schools, and with growing interest and in- 



—20— 

creased needs, the sources of revenue must necessarily be enlarged to 
meet the demands of the schools. 

With an increasing population, the State apportionment cannot, under 
present conditions, be expected to become much larger, and the danger 
is that it will grow less. Already the State is levying and collecting 
the constitutional limit of 20 cents on the $100 valuation, and the per- 
manent school fund is yielding practically as much as it is |x)ssible 
for it to produce under present conditions. The only recourse left, then, 
is for the people themselves to levy and collect the taxes necessary for 
the support of the school in which their children are to be educated. 

A CONSTITUTIOIS''AL HANDICAP 

As matters now stand, the State Constitution places a serious obstacle 
in the way of public school finances by fixing the limit of taxation too 
low. Many schools in Texas are seriously impeded in their develop- 
ment on account of insufficient funds, and if the law would permit of it, 
the necessary increase to maintain the schools adequately would be voted 
by the people without delay. Yet the Constitution of the great State 
of Texas is standing between the children of the State and an efficient 
system of schools, and everywhere we see the doors of thousands of 
schools too soon closed in the faces of children who should by all means 
continue their studies for a period longer than is now provided for 
them. Should not the laws of any State be so drawn as to serve the 
best interests of the people for whom the government exists? The only 
way now open to the people to overcome this financial difficulty is to 
adopt House Joint Kesolution 30, which means better schools for the 
children. 

nOUSE JOINT RESOLUTION 30 

House Joint Eesolution 30 is a proposed amendment to the Constitu- 
tion of the State of Texas submitted to the people by the Thirty-fourth 
Legislature to be voted upon at the general election to be held next 
November. The limit of taxation for districts is fixed at $1.00 instead 
of 50 cents as heretofore, and it also permits the people of a county to 
vote upon the property of the county a school tax not to exceed 50 cents 
on the $100 valuation, whereby a substantial county per capita appor- 
tionment can be made for support of all the schools of the county. If 
this amendment should be voted into the Constitution of the State in 
the November election, it will then be possible for the next Legislature 
to enact a law whereby the people of any district or of any county of 
the State can provide the funds necessary to support their schools for 
such period of time each year as they may deem necessary. 

ADEQUATE SCHOOL SUPERVISION NEEDED 

In order that the compulsory school attendance law may l>e success- 
fully administered, it is necessary that we have among us capable lead- 
ers in authority to direct the schools in which the children of this State 
are to be educated. The State Department of Education desires to 



—21^- 

see'all the schools, both rural and city, have the advantages of expert 
and adequate leadership and may none of them have anything short 
of the best. Expert, intensive school supervision is a fundamental 
necessity in providing for good schools and should be encouraged by 
all and for all. It is generally conceded that judicious expenditure of 
public funds in the education of the young is the highest type of invest- 
ment that can be made by any citizenship, and in line with this principle 
the best available superintendent of schools is always the cheapest one, 
no matter if the cost seems to be rather high. 

Under present conditions, adequate rural school supervision is im- 
possible. With numerous little schools, widely distributed in a large 
territory, supervision of country schools is far more exacting in its 
requirements than that of the city and for that reason more difficult 
to administer. The salary is too small, the demands are too heavy, 
and the position too insecure to interest, as a rule, the growing and 
progressive teacher long at a time, except it be done at a great sacrifice. 
The most efficient county superintendents in Texas have been forced 
to make great personal sacrifices to remain in office and do the excellent 
work that has been accomplished under their supervision. Teachers 
are, as a rule, as patriotic and self-sacrificing as any other class of people 
in the world, but it is whollv unnecessary that great sacrifice be made 
by any one to promote the educational interests of a great State like 
that of ours during this period of the world's progress and civilization. 
Proper organization is the key to modern methods of business, and the 
schools will never meet the demands of a progressive people until 
organized in accordance with business principles and supervised closely 
by experts who are making school supervision their life work. 

The county school board should be authorized by law to select the 
very best qualified man or woman available in the county or elsewhere 
to superintend and direct the education of the children in the common 
school districts of the county and fix his salary at such amount as will 
be commensurate with the duties of his office, and as the funds of the 
county will justify. And, too, if such board should see the desirability 
of employing an assistant and special supervisors, whose duty it would 
be to promote particular lines of work in the various districts of the 
county, the law should be drawn as to permit of such action. By so 
doing, there would be no loss of power on the part of the people, and 
such action would give the country child and its teacher a chance to 
have expert supenasion and direction equal in all respects to that 
provided by law for the citv child and it^; teacher. This plan takes 
away from the people nothing, but gives them instead a business-like 
organization for the administration of their schools, and where tried 
in other States the method has, on account of its great efficiency, been 
much appreciated and has never been abandoned by the people. 

FREE TEXTBOOKS 

The advisability of providing free textbooks for school children al- 
ways presents itself in connection with compulsory school attendance. 



—22— 

In. ctlier States having comjw.lsory school attendance laws, it has been 
found advisable both from an economic and educational standpoint for 
school authorities to provide textbooks for all children at public expense. 
The Texas School Laws provide for such action on the part of the people 
of any district by a majority vote. Sections 261 to 266, Public School 
Laws of Texas, 1915, provide that an election may be called in any 
district voting a local maintenance tax to determine whether or not 
textbooks required by pupils of scholastic age shall be furnished to 
children free of charge. Section 73, Public School Laws of Texas, 
1915, also provides that any parent, guardian, or custodian of any child 
of compulsory school attendance age, upon making satisfactory proof 
to the board of trustees that he is financially unable to furnish such 
child the necessary books with which to attend school, may have pur- 
chased for him at public expense the books necessary for the instruction 
of the child. This provision of the law, however, is not very satis- 
factory, inasmuch as it forces the individual to admit his financial 
embarrassment. The plan of providing free textbooks for all children 
of scholastic age has been found more satisfactory, and it is recom- 
mended by the State Department of Education that all districts pro- 
vide free textbooks under Sections 261 to 266, of the Public School 
Laws, if possible. 

There are many sood and usable textbooks Iving idle in the homes of 
the people of this State, and the State Superintendent strongly recom- 
mends that all such books be delivered to the public school authorities 
for the benefit of those children who may come to school without the 
prescribed textbooks. Alreadv some schools of the State are pursuing 
such plan with entire satisfaction to all concerned. In Dallas and 
Houston, Texas, free text-books are now being provided at public 
expense for all children up to and including the fourth grade. Where 
free textbooks are provided, they are usually handled through the school 
library and under the direction of the superintendent or principal of 
the school. If the school authorities should neglect to provide free 
textboolcs to meet the needs of the children of the school, it is strongly 
recommended that mothers' clubs and other charitable institutions take 
the matter in hand with the purpose of assisting all needy children to 
enter school wnthout delay. 

CLOTHI^TG, FOOD, AND OTriER N"ECESSArvIES OF LIFE 

The law makes no provision whereby children in need of clothing, 
food, and other necessaries of life may receive them at public expense, 
yet such matters need attention in order that children may attend school 
to the best advantage. An investigation into the school records of the 
various States discloses the alarming fact that thousands of children go 
to school daily without proper nourishment, and go to bed at night 
hungry. In Texas, we believe that living conditions of the masses are 
far better than in most States, but there will be, nevertheless, very few 
places in this State where food, clothing, and other necessaries of life 
will not be needed bv some child. The State can ill afford to lose its 



—23— 

opportunity of service wherein destitute individuals may be turned into 
productive citizens. Abject poverty is a powerful aid in the develop- 
ment of criminals, and if children are allowerl to go hungry from day 
to day either in school or at home, there is a strong probability that 
they will sooner or later develop into undesirable citizens and become 
a burden upon the State. All mankind is subject to the wiles of the 
evil one. When hunger holds the body of man in its powerful clutches, 
courage to resist temptation too often fails the individual, and the 
criminal is made. 

In the absence of any legal provisions wherebv destitute children may 
be provided at public expense with the necessaTies of life, it is impera- 
tive that charitable organizations and philanthropic persons be called 
upon to help administer to the urgent needs of such children. ISTo 
greater opportunity does offer itself or could offer itself than that of 
making it possible for some needy child to attend school regularly and 
derive the benefits of an education. Ever}^ citizen has a right to be 
proud of the great work being done for orphan children by the State- 
county, and municipal authorities, and by various churches, lodges, and 
private individuals of the State. It would be impossible to make any 
satisfactory estimate of the good accomplished through these benevolent 
institutions. LikcAvise, no one could properly describe the evil con- 
ditions that might have prevailed had these orphan children been per- 
mitted to run at large without education and moral instruction. In 
line with this thoupfht, it is appropriate here to state that many homes 
are without adequate support. On everv hand we find children need- 
ing the protection of the strong arm of the State who are not orphans 
in a legal sense. Such children are sometimes in a sfreater danger than 
those who are eligible to enter an orphans' home. The inability of the 
parent to earn an honest living, the broken health of the mother, or 
some dependent member of the family, or the dire distress of the 
familv as a whole, m.ay make it necessarv that charitv be administered 
judiciously in order that life itself may be saved and children properly 
educated. 

The administration of charitv is one of the greatest problems of the 
day and has not yet been satisfactorily solved by anvbody. Millions 
of dollars are expended annually for the relief of destitute and suffer- 
ing humanitv, and a large per cent of this money is lost in its effective- 
ness as shoAvn by the records of charitable organizations and institutions. 
However, this fact should not deter amdoody or any organization from 
pressing forward in the hope of rendering a needed service. The Amer- 
ican people are liberal with their contributions, and if those in charge 
of charitable organizations can offer a reasonable guarantee that the 
charitable funds will be dispensed judiciously, no trouble is experienced 
in 'securing adequate fimds. It has been found through experience that 
charity cannot be administered promiscuously; that is through various 
organizations of the district. With various agencies dispensing charity, 
some unscrupulous persons receive help from more than one charity, 
while others less bold receive none. The most successful method of 



—24— 

handling charity is through some central agency such as the United 
Charitie°s, to which philanthropic persons of all denominations, political 
alignments, and vocations, contribute whatever thing of value they may 
wis°h to give, and to which all persons in need of books, clothing, food, 
and other necessaries of life may apply for assistance. The State 
;Superintendent of Public Instruction is deeply concerned about the 
education of everv bov and girl in Texas, and strongly recommends that 
the more fortunate be not unmindful of the great proMem.of poverty 
which is always everywhere present. 



I 



